Birth Injury

What Is a Birth Injury?

A birth injury, also referred to as birth trauma, is any type of harm that a child experiences while being born. While some birth injuries can’t be avoided, others could have been prevented with proper and timely medical care.

Approximately 6-8 children suffer birth injuries for every 1,000 live births.

– Medscape

Birth injuries can range from mild to severe, with the most serious cases resulting in physical and intellectual disabilities that can impact a child for the rest of their life. Treatments can help manage symptoms and improve a child’s quality of life, but they can be expensive and beyond what a family is able to pay.

LawFirm.com believes that no family should have to face a preventable birth injury alone. We’ve partnered with birth injury lawyers who have helped thousands of families navigate a diagnosis and secure compensation for trauma caused by medical malpractice.

The birth injury lawyers in our network never charge any upfront costs or hourly fees and can help families in all 50 states. They also have on-staff registered nurses who can listen to your story and help you understand what may have gone wrong.

Get a free case review now to take the first step toward the compensation and justice your child deserves.

Birth Injuries vs. Birth Defects

The main differences between birth injuries and birth defects are when and why they occur.

• Birth injuries occur during labor and delivery, or shortly after a child is born, due to complications or medical malpractice.
• Birth defects are present at birth and are the result of developmental abnormalities that occur during pregnancy. They can be caused by genetic problems, chromosomal defects, and environmental factors.

Birth injuries can have severe consequences for the child and their family. The child may need lifelong support, including expensive therapies, special education, and more.

Birth Injury Statistics

Facts and figures about birth injuries provide families with the information they need to make informed decisions when a child suffers an injury from birth.

Some recent birth injury statistics include:

• Birth injuries are more likely to occur in males, often due to their size.
• 80% of birth injuries are considered moderate or severe, with 20% categorized as minor.
• Birth injuries comprise 20% of the 20,000 infant deaths that occur in the United States annually.
• About 20,000 medical malpractice claims are filed in the U.S. each year, and many are birth injury lawsuits.
• Birth injuries are the 4th-leading cause of death among babies.
• The average birth injury lawsuit payout is over $1 million, according to The Doctors Group.

Any kind of preventable harm suffered by a newborn is unacceptable. With proper training, attention, and care, medical professionals can safeguard children from avoidable injuries.

Common Types of Birth Injuries

There are different types of birth injuries, and each has its own symptoms and health effects. While some may get better on their own, others may result in long-term health problems.

These are some of the most common birth injuries:

• Brachial plexus injury: Damage to the bundle of nerves in the neck that control the muscles in the shoulder, arm, and hand.
• Brain damage: A common but serious birth injury that’s often caused by physical trauma during delivery, oxygen deprivation, maternal infections, and umbilical cord problems.
• Cerebral palsy (CP): This lifelong condition is associated with a group of neurological disorders that impact movement, posture, and balance.
• Erb’s palsy: When an obstetrician uses excessive force to deliver a baby from the birth canal, they can cause this type of brachial plexus injury, characterized by paralysis or weakness in the affected arm.
• Facial nerve injury or paralysis: Pressure on the facial nerve just before or during delivery can lead to this birth injury.
• Forceps delivery complications: These assistive delivery tools, used to guide babies out of the birth canal when labor isn’t progressing, can cause serious birth injuries like skull fractures and brain damage when too much pressure is applied.
• Hydrocephalus: This birth injury, which occurs when there’s a buildup of cerebrospinal fluid in the brain, is often related to untreated infections in the mother.
• Hypoxic ischemic encephalopathy (HIE): When the baby’s brain doesn’t receive enough oxygen or blood flow, permanent brain damage may occur.
• Intraventricular hemorrhage (IVH): This dangerous brain bleed can occur when blood vessels in the brain rupture and leak into nearby ventricles.
• Jaundice and kernicterus: When bilirubin (a waste product) collects in the brain due to untreated jaundice, a life-threatening condition called kernicterus may develop.
• Meconium aspiration syndrome (MAS): When a baby inhales their first feces and amniotic fluid while still in the womb, they’re at risk of developing respiratory issues.
• Necrotizing enterocolitis (NEC): This gastrointestinal disease that mostly affects premature babies is linked to formula and human milk fortifiers made from cow’s milk.
• Newborn cephalohematoma: A type of birth injury involving a buildup of blood under the scalp, it often heals on its own but can cause long-term harm when complications arise.
• Periventricular leukomalacia (PVL): A form of brain damage, PVL involves the brain’s white matter, which transmits nerve signals and controls movements.
• Shoulder dystocia: This occurs when one or both of the baby’s shoulders get stuck behind the mother’s pelvis during delivery, potentially leading to various birth injuries, especially when mishandled by health care providers.
• Skull fractures: Birth trauma can cause infant skull fractures, increasing the risk of bleeding in the brain and brain damage.
• Spinal cord injuries: Doctors who use too much force to deliver a baby can cause permanent damage, limiting a child’s sense of touch and ability to move.
• Stillbirths and death: Stillbirth, also known as intrauterine fetal demise (IUFD), is a tragic condition that occurs when a fetus dies before birth.
• Umbilical cord strangulation: When the umbilical cord is wrapped around a child’s neck, it can cause permanent brain damage.
• Vacuum extractor delivery complications: Medical professionals who misuse these devices to help with a vaginal birth can cause brain injuries, Erb’s palsy, and other serious harm.

An experienced birth injury lawyer is able to handle cases involving these and many other types of birth injuries.

Causes of Birth Injuries in a Newborn

Birth injuries are often caused by medical errors made by a health care provider or hospital. Even one mistake can have catastrophic consequences for vulnerable newborns.

Common causes of birth injuries include:

• Delaying a necessary cesarean section (C-section)
• Failing to check for risk factors, like maternal health issues
• Ignoring signs of fetal distress
• Making medical errors before, during, or shortly after childbirth
• Misdiagnosing or not recognizing a serious medical condition
• Misusing forceps or vacuum extractors
• Using too much force during delivery

When medical professionals are careless or fail to provide a high standard of care, they can be held accountable for the harm they cause.

Risk Factors for a Traumatic Birth

There are many risk factors related to the mother, the baby, and the delivery itself that make it more likely that a birth injury may occur.

Birth injury risk factors include:

• Fetal factors: Prematurity, a high birth weight (over 8 pounds, 13 ounces), or presenting in an abnormal position, such as feet or buttocks-first (breech)
• Maternal factors: Being overweight or having high blood pressure, uncontrolled diabetes, or a small birth canal
• Labor and delivery factors: Prolonged or difficult labor, the use of forceps or vacuum extraction, or the baby’s shoulders being stuck behind the mother’s pubic bone

Labor and delivery teams are trained to detect birth injury risks beforehand and act quickly to protect the health of the mother and baby if complications arise. When they fail to do so, it may be considered medical negligence.

If you’re not sure what may have caused your child’s birth injury, we may be able to help. Our nurses have decades of experience in labor and delivery and helping families get justice for preventable birth injuries.

“We understand what should happen in a delivery room and can help identify areas where standards were not met.”

– Kristin Proctor, Registered Nurse and LawFirm.com case manager

Call (888) 726-9160 right now to speak to a registered nurse — for free.

Signs and Symptoms of an Injury From Birth

Symptoms of birth trauma can vary depending on the injury involved and its severity. Sometimes birth injury symptoms are apparent immediately after birth. In other cases, symptoms may not be noticeable until months — or even years — later.

Common birth injury symptoms include:

• Arched back while crying
• Breathing problems
• Excessive grunting or drooling
• Extreme tiredness
• Fetal distress, often marked by a low heart rate or oxygen levels
• High-pitched crying
• Limited movement
• Limpness or stiffness in the arms or legs
• Missing developmental milestones, like crawling or walking
• Poor reflexes
• Sensitivity to light
• Trouble swallowing or suckling

If your child is showing any signs or symptoms of a birth injury, get medical help as soon as possible. A pediatrician can examine your child, order tests, and ensure that they get the care they need.

Birth Injury Diagnosis

Medical professionals use various tests to diagnose a birth injury and determine the type of care that will improve the child’s quality of life.

These tests include:

• Apgar score: When a baby is born, this test is performed to measure their vital signs. A low score could indicate that birth trauma occurred.
• Umbilical cord blood gas analysis: Doctors can determine if your baby experienced a lack of oxygen or other problems during delivery by analyzing the umbilical cord blood gas.
• Physical exams: A doctor will ask about any birth injury symptoms you’ve noticed and look for abnormalities in muscle tone, reflexes, vision, and hearing.
• Imaging tests: X-rays, ultrasounds, MRIs, and CT scans can help identify the location and severity of birth injuries.
• Neurological assessments: Electroencephalograms (EEGs) and nerve conduction studies can help detect nerve damage and assess brain function.
• Blood tests and genetic screenings: These tests are sometimes used to rule out other underlying medical conditions.

It’s important to get a birth injury diagnosis as quickly as possible, so your child can start receiving treatment to manage their symptoms and recover.

Get a free case review now to see if you may be eligible to pursue compensation to help pay for your child’s medical costs and more. You don’t need an official diagnosis to get help from a birth injury attorney.

Treating Childbirth Trauma Injuries

Following a birth injury diagnosis, your health care provider will recommend treatments to help your child. These may include exercises performed at home or more complex treatments like surgery.

Birth injury treatments include:

• Adaptive equipment like braces or wheelchairs
• Medications
• Occupational therapy
• Physical therapy
• Speech therapy
• Surgery
• Vision therapy

Medical interventions for a newborn who has a birth injury can be overwhelming and stressful.

Many families have been able to secure the money they need and deserve by taking legal action with the help of an experienced birth injury lawyer.

Birth Injury Compensation

LawFirm.com works with birth injury law firms that have recovered substantial compensation for families nationwide by filing medical malpractice lawsuits against negligent health care providers.

Birth injury lawsuit settlements and verdicts secured by our partner firms include:

• Over $10 million for a Pennsylvania family with a child diagnosed with cerebral palsy
• $8 million to a child in New York for a vacuum extractor injury
• $5.1 million on behalf of a Texas family with a child who suffered oxygen deprivation
• $5 million for a child in Massachusetts with a brain injury
• $4.5 million to a child with Erb’s palsy in Illinois
• Over $4 million for a child who experienced umbilical cord strangulation and fetal distress
• $7.8 million to a Florida family with a child who developed cerebral palsy

Each case is different, and case values may vary based on the type of birth injury, its long-term impact, and the degree of medical negligence involved.

Regardless of the facts of your case, a birth injury lawyer will fight to secure as much money as quickly as possible.

Call (888) 726-9160 now to see if we can connect you with a top lawyer.

Get Help From a Birth Injury Lawyer

When medical professionals make mistakes that cause lasting harm, families shouldn’t have to pay the price.

LawFirm.com has a network of birth injury lawyers who have a proven track record of securing meaningful compensation for families nationwide.

Our legal partners:

• Are able to help families in all 50 states
• Can handle the entire legal process
• Have on-staff registered nurses
• Never charge any upfront costs or hourly fees

Call (888) 726-9160 right now or get a free case review to see if a top birth injury lawyer may be able to fight for everything you deserve.